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Nationality, Immigration and Asylum Act 2002

Status:

This is the original version (as it was originally enacted).

82Right of appeal: general

This section has no associated Explanatory Notes

(1)Where an immigration decision is made in respect of a person he may appeal to an adjudicator.

(2)In this Part “immigration decision” means—

(a)refusal of leave to enter the United Kingdom,

(b)refusal of entry clearance,

(c)refusal of a certificate of entitlement under section 10 of this Act,

(d)refusal to vary a person’s leave to enter or remain in the United Kingdom if the result of the refusal is that the person has no leave to enter or remain,

(e)variation of a person’s leave to enter or remain in the United Kingdom if when the variation takes effect the person has no leave to enter or remain,

(f)revocation under section 76 of this Act of indefinite leave to enter or remain in the United Kingdom,

(g)a decision that a person is to be removed from the United Kingdom by way of directions under section 10(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom),

(h)a decision that an illegal entrant is to be removed from the United Kingdom by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal),

(i)a decision that a person is to be removed from the United Kingdom by way of directions given by virtue of paragraph 10A of that Schedule (family),

(j)a decision to make a deportation order under section 5(1) of that Act, and

(k)refusal to revoke a deportation order under section 5(2) of that Act.

(3)A variation or revocation of the kind referred to in subsection (2)(e) or (f) shall not have effect while an appeal under subsection (1) against that variation or revocation—

(a)could be brought (ignoring any possibility of an appeal out of time with permission), or

(b)is pending.

(4)The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.

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